Law and Equity free essay sample

Law and Equity Essay (an) Outline the advancement of precedent-based law and value. There was no arrangement of law in England and Wales before 1066, as it was for the most part dependent on customs which were simply rules of conduct and the other used to be the choices of judges. The law in England and Wales worked throughout the hundreds of years. There were different techniques for making laws which were called â€Å"sources of law†. Be that as it may, in the eighteenth Century Parliament turned out to be all the more remarkable which lead the Acts of Parliament (sculptures) to be the fundamental wellsprings of law today. Choices made by the adjudicators are likewise basic today as they deciphered Parliamentary law where there was no sculpture law. During the twentieth century sculpture law and legal choices kept on being the significant wellsprings of law in any case, furthermore there were two new sources turned out to be progressively significant these were designated enactment and European law. Assigned enactment is law made by a body other than Parliament. We will compose a custom article test on Law and Equity or on the other hand any comparative theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page Parliament enables others to pass appointed enactment in a parent or empowering Act. Customs are decides of conduct that create in a network without being purposely developed. There are two primary sorts of Customs: Local Customs and General Customs. Nearby traditions is the point at which an individual professes to have a type of a neighborhood directly as they accept that privilege has consistently been acknowledged locally and they are asserting the privilege is neighborhood custom. Judges created tests to conclude whether to maintain such traditions. One of the tests were that 'the custom more likely than not existed since days of yore'. It was exceptionally abnormal for another custom to be considered by the adjudicators, however there have been some case, for example, Egerton v Harding (1974) the court concluded that there was a standard obligation to fence land against dairy cattle remaining from the normal. It is accepted that the General exclusively was successfully the premise of the custom-based law. At the point when the nation was brought under the incorporated As it was generally founded on customs before 1066, Customs differed all around in the North the Dane Law was being placed into activity, in the Midlands it was the Mercian Law and in the South/West piece of the nation Wessex law was being actualized. Be that as it may, in 1066 William of Normandy assumed control over the England seat and set up the Curia Regis (King’s Court). This court comprised of aristocrat who went about as judges. A training was begun of sending decided around the nation to hold assizes (or sittings) to hear cases locally. In 1154 when King Henry II went to the seat he partitioned the nation into circuits which lead the voyages through the appointed authorities to be increasingly customary. The appointed authorities went about as a â€Å"sifting process† where they would come back to West clergyman and examine the different laws that have been worked around the nation. This empowered the appointed authorities, over a time of around 200 years, to take the best nearby laws and apply them all through the land. Consequently, because of this in 1250 there was a law which was same all around the nation and this is the means by which 'precedent-based law' was set up. The rule of ‘stare decisis’ additionally came into place which implied ‘stand by the decision’ and structures the premise of point of reference today. There were numerous issues with the customary law. The issues were for the most part identifying with the writ framework which was a report containing the subtleties of a person’s guarantee. The main issue with the writ framework was that it was excessively unbending; in the event that it was rounded out erroneously it would be totally disregarded. The other issue was that the aristocrat constrained the kind of writs because of the Provisions of Oxford 1258, with the goal that specific classifications of guarantee existed. The last issue was that the main cure that the courts could give was the harms. This was not fitting as sometimes, for example, in land debates where cash couldn't repay the loss of land. Individuals were frustrated in this way they kept in touch with the lord to gripe. The lord was known as the â€Å"The Fountain of Justice†. The lord was overpowered by the grumblings and passed it on the Chancellor who known as ‘The Keeper of the King’s Conscience’ as he was both a legal counselor and a minister. The chancellor had a notoriety of settling the cases reasonably and dependent on equity. The chancellor managed such huge numbers of cases that in 1474 he was given his own court named as Court of Chancery this is the point at which another law came into place named â€Å"equity† meaning reasonableness. Value verifiably had been a significant source and still assumes an essential job with a large number of our legitimate ideas having created from impartial standards. The word value meaning â€Å"fairness† works on its significance when adding to our law. Value and Common Law the two frameworks worked one next to the other and in the long run a contention created between these two frameworks and in that value would as often as possible overruled precedent-based law choices and denied them. The issue was that the Common law courts would make a request in the kindness of the other party though the Chancery court would make a request in the kindness of the other party. This contention was later comprehended in The Earl of Oxford’s Case 1615 when the lord went to the choice that where there was strife value ought to win. Notwithstanding, when the value turned into a collection of law rather that self-assertive exercise of inner voice, there was no explanation that it required its own court. In this manner, the two frameworks consolidated by Judicature Acts 1873-75 which set up that value and precedent-based law could both be directed by all courts and give the framework we have today. Thus, precedent-based law progressed from customs and then again value built up from the issues in custom-based law and today the two frameworks are conveyed in all courts. (b) What has been the effect of present day value on the customary law? The Chancellor started to present new methods and cures. He framed summons where he requested the observers to go to the court. The chancellor likewise made new cures of orders, rescission, amendment and explicit execution. Directive is a request to stop an individual doing a specific demonstration, such as acting in penetrate of agreement (a prohibitory order) or compulsory. For instance, a proprietor may bring an activity against an inhabitant for squander, where the option to secure the land-rulers enthusiasm for the responsibility for premises is at issue. The proprietor may apply to the court for an order against the occupants proceeding with destructive utilization of the property. The directive is an auxiliary cure in the activity against the occupant. Rescission permitted the gatherings to an agreement where they can be in their unique situations on account of an agreement incited by a distortion. Correction permitted the contracted reports to be changed and explicit execution arranges the gathering to go about as guaranteed under the agreement. Every one of the four cures referenced above are still broadly utilized today. Orders can be utilized in issues of abusive behavior at home or commotion contamination though rescission, explicit execution and correction would all be able to be utilized in the law of agreement. Value additionally made sayings which must be fulfilled before evenhanded standards could be applied. Proverbs are adages that express standards of value. These adages were intended to guarantee that choices were ethically reasonable. A saying which expounds on how value works is â€Å"equity goes about as a shield not as a sword†, this expresses value is utilized to secure not to rebuff individuals. The other adage is that â€Å"he who comes to value must tell the truth hands†, this represents whoever utilizes impartial cure more likely than not acted evenhandedly them selves also. This adage was utilized on account of DC Builders v Rees, for this situation the couple were not permitted to depend on the evenhanded standard of â€Å"promissory estoppel† in light of the fact that they didn't act decently when didn't take care of the manufacturer what they owed him. One of different proverbs are 'defer routs value'. This implies when an inquirer sets aside absurdly long effort to bring an activity which implies that the fair cures won't be accessible. This proverb was applied on account of Leaf v International Galleries where petitioner acknowledged following five years that the artwork he purchased was not veritable and he guaranteed the evenhanded solution for rescission, yet the court said that the deferral had been excessively long. Value is still critical today. It is being utilized everywhere throughout the nation in the regions of home loan and trust. The region of agreement is still particularly dependent on standards of value. Trusts are begun completely on value where the trustee, who has enthusiasm for the property, ought to act in the kindness of the individual with an 'evenhanded enthusiasm' for the property. Fair standards are as yet being grown, for example, the â€Å"promissory estoppel', it is examined in the DC Builders. Ruler Denning built up this in The High Trees Case it stops the individual to backpedal on a guarantee. The latest advancement has been of 'abandoned wife’s value' this was created to conquer the issue of relationships when the military home is on the spouses name just yet at this point until any of the children’s arrive at the age of 16 the wife don’t need to go out. All in all value came into place in view of the issues in the precedent-based law and is accepted to have brought reasonableness and equity where the custom-based law was fruitless and it is said that â€Å"equity gives a shine on normal law†.

Free Essays on The Religion Of Santeria

The Religion of Santerã ­a People groups and Culture of the Caribbean Religion, somehow or another, confounds me. They all case to be so unique yet, when one investigates them, they all have striking similarities to one another. I was brought up in a Roman Catholic and Greek Orthodox family unit. Albeit both had a few contrasts, anybody could see all the similitudes that they had. All religions pick, pick, and mix from different religions and structure another variant. A sort of creolization maybe. Various parts of two comparative religions (Catholicism and Yoruba) were mixed together to shape what we currently know as the overall religion of Santerã ­a. In this paper I will talk about the sources of this intriguing religion, what it involves, and two or three the issues that individuals who practice the religion face. Santerã ­a began in Cuba during the nineteenth century, when Africans based on what are currently Nigeria and Benin, were sent to the island to be slaves. The religion bases on old African divine beings who have been absorbed as Catholic holy people. Santerã ­a originates from the Spanish word santo significance holy person; Santeros or for ladies, Santeras is the thing that the ministers of the religion of Santerã ­a are called. They â€Å"dispense custom gear, for example, candles, globules, and treatments, just as counsel on the best way to take care of any issue imaginableâ€including relationship, cash, and wellbeing problemsâ€which ordinarily includes reinforcing the individual’s association with the orishas.† (Novas 2003: 211) Santerã ­a was made due to legitimate need for the African slaves with the goal that they could keep on rehearsing their religion in the New World. In many nations where Africans were made into slaves, they were disheartened or taboo from rehearsing their local religions. Consequently, the religion that developed is known as Santerã ­a, the method of the holy people. Since they had to change over to Catholicism, slave... Free Essays on The Religion Of Santeria Free Essays on The Religion Of Santeria The Religion of Santerã ­a People groups and Culture of the Caribbean Religion, here and there, confounds me. They all case to be so extraordinary yet, when one investigates them, they all have striking similarities to one another. I was brought up in a Roman Catholic and Greek Orthodox family unit. Albeit both had a few contrasts, anybody could see all the similitudes that they had. All religions pick, pick, and mix from different religions and structure another rendition. A sort of creolization maybe. Various parts of two comparative religions (Catholicism and Yoruba) were mixed together to frame what we presently know as the overall religion of Santerã ­a. In this paper I will talk about the inceptions of this captivating religion, what it involves, and several the issues that individuals who practice the religion face. Santerã ­a began in Cuba during the nineteenth century, when Africans based on what are currently Nigeria and Benin, were sent to the island to be slaves. The religion revolves around antiquated African divine beings who have been absorbed as Catholic holy people. Santerã ­a originates from the Spanish word santo importance holy person; Santeros or for ladies, Santeras is the thing that the clerics of the religion of Santerã ­a are called. They â€Å"dispense custom gear, for example, candles, globules, and treatments, just as guidance on the best way to take care of any issue imaginableâ€including relationship, cash, and wellbeing problemsâ€which for the most part includes fortifying the individual’s association with the orishas.† (Novas 2003: 211) Santerã ­a was made due to legitimate need for the African slaves with the goal that they could keep on rehearsing their religion in the New World. In many nations where Africans were made into slaves, they were disheartened or taboo from rehearsing their local religions. Thus, the religion that rose is known as Santerã ­a, the method of the holy people. Since they had to change over to Catholicism, slave...

A Study Of The Life And Career Of Lord Alfred Tennyson and Selected Cri

A Study Of The Life And Career Of Lord Alfred Tennyson Also, Selected Criticism Of His Works       Regardless of whether an individual likes or aversions crafted by Lord Alfred Tennyson, most would concur that he was one of the most compelling authors of his timeframe. Tennyson experienced childhood in a well off family never needing for anything. English creator frequently viewed as the central agent of the Victorian age in verse. Tennyson succeeded Wordsworth as Poet Laureate in 1850; he was selected by Queen Victoria and served 42 years. Tennyson's works were melancholic, and reflected the good and scholarly estimations of his time, which made them particularly helpless for later pundit.      Alfred, Lord Tennyson was conceived in Somersby, Lincolnshire. His dad, George Clayton Tennyson, a minister and minister, experienced misery and was famously absentminded. Alfred started to compose verse at an early age in the style of Lord Byron. In the wake of burning through four troubled a long time in school he was guided at home. Tennyson at that point learned at Trinity College, Cambridge, where he joined the scholarly club 'The Apostles' and met Arthur Hallam, who turned into his nearest companion. The undergrad society examined contemporary social, strict, logical, and scholarly issues. Empowered by 'The Apostles', Tennyson distributed Sonnets, CHIEFLY LYRICAL, in 1830, which incorporated the well known 'Mariana'. He gone with Hallam on the Continent. By 1830, Hallam had gotten connected with to Tennyson's sister Emily. After his dad's demise in 1831 Tennyson came back to Somersby without a degree.      His next book, POEMS (1833), got ominous audits, and Tennyson stopped to distribute for almost ten years. Hallam kicked the bucket abruptly on the equivalent year in Vienna. It was a substantial hit to Tennyson. He started to compose 'Im Memorian' for his lost companion - the work took seventeen years. An amended volume of Sonnets, which incorporated 'The Lady of Shalott' and 'The Lotus-eaters'. 'Morte d'Arthur' and 'Ulysses' showed up in 1842 in the two-volume POEMS, and set up his notoriety for being an essayist. In 'Ulysses Tennyson depicted the Greek after his movements, aching past days: "How dull it is to delay, to make an end,/To rust unburnished, not to sparkle in use!"      After wedding Emily Sellwood, whom he had just met in 1836,... ... heart mix and break, one against the other, with the pitiful inconsistency.† 7      As for Tennyson’s other incredible work, â€Å"Idylls of the King†, individuals appeared to give it an a lot more pleasant analysis. Sovereign Albert felt that the sonnets, which he thourghly delighted in, â€Å"rekindle the inclination with which the legends of King Arthur probably propelled the gallantry of old, while the smooth structure where they are given mixes those sentiments the gentler tone of our present age.† 8      Tennyson’s other famous works include: â€Å"The Princess†, â€Å"Maud† and â€Å"Drama† . These are only a couple of his sonnets Tennyson composed hundreds in his vocation.      It appears that the pundits of Tennyson’s work, either cherishes it or loathes it there is infrequently a center ground. Most pundits appears to appreciate â€Å"Idylls of the King† and give it much preferred surveys over those of â€Å"In Memoriam† which individuals don’t appear to like so a lot.           Lord Alfred Tennyson (1809-92) was viewed as England's most noteworthy writer in the last 50% of the nineteenth century. Individuals of all social statuses comprehended furthermore, cherished his work.

Procurement and Contract Management in Adams v Cullen - Free Essay Example

Procurement and Contract Management Adams v Cullen In early 2013 Edward Cullen approached the Adams Family to negotiate a long term lease of a disused warehouse site, in order to develop low cost housing. During early negotiations it was agreed that the project would be ready by June 2014, with Adams to cover construction costs until the apartments were ready to be sublet. In March 2013 Cullenà ¢Ã¢â€š ¬Ã¢â€ž ¢s solicitors sent Adams a draft lease agreement assuring them if they heard nothing more within 10 days that Cullen had, for his part, affirmed the terms and had executed the agreement. Not hearing from Cullen or his solicitors, Adams assumed the project was to go ahead and commenced work. In November 2013, without informing Adams, Cullen decided to the lease agreement put on hold, based on negative information gathered in a recent feasibility study. In January 2014 notified Adams that he would no longer be leasing the estate, on the basis he had not formally and legally executed the lease. At this point Adams had incurred considerable expense on the project, assuming that they had a legally binding agreement with Cullen, and still had a contractual agreement with Better Constructions. Promissory Estoppel offers Adams a path for legal recourse against Cullen. As they may sue for specific performance, enforcing Cullen to maintain his promise to lease the apartments. Promissory estoppel acts as a tool to rectify an injustice where a promise has been made by one party, which another party has relied upon to its detriment (Szantyr, 2011). In this case Adams has relie d on the implied contractual agreement formed with Cullen to commence the project, establishing various contracts with third parties in the process. It could be argued that while no formal contract was commence between the two parties, Cullen knew of the work being undertaken by Adams and his inaction could circumstance constituted encouragement or inducement for Adams to continue work (Waltons Stores (Interstate) Ltd v Maher, 1988, p. 387). Therefore, Cullenà ¢Ã¢â€š ¬Ã¢â€ž ¢s withdrawal from the contractual agreement could equate to unconscionable conduct, thus becoming liable for legal action. By allowing Adams to undertake the work (employing contactors) under a false assumption that a contract had come into existence. Eastside Constructions v Adams Holdings Eastside Constructions (EC) is undertaking legal action on the basis that their tender should have been accepted, rather than that offered by Better Constructions, for the contract to design and construct a number o f self-contained units. Their claim is that, due to their proven track record with this type of project and their lower priced quote, they should have been awarded the tender. However, traditionally the tender process is viewed as an invitation to treat and is no more than an invitation to make an offer, with no binding legal obligation to any particular contractor (Szantyr, 2011). Therefore Adams was free to select whichever contractor they would like. However, given that Adams Holdings issued specific selection criteria as part of the tender process it is possible for EC to enact legal proceedings. The request for tender becomes an obligation of good faith, requiring the inviter (Adams) to provide an equal opportunity to all tenders and review them correspondingly (NSW Department of Finance Services, 2010). If it can be proven that Adams did not follow the evaluation procedure listed in their tender selection criteria, EC may have recourse to claim the costs of preparing it s tender (Hughes Aircraft v Airservices Australia, 1997, p. 146). The outcome of this case is determinate on if it can be proven that Adams did not follow the selection criteria outlined in their request for tender. Better Constructions v Big Equipment Supplies The dispute of Better Constructions (BC) v Big Equipment Supplies (BES) sees BC suing BES for breach of contract. After BC were required to purchase building supplies (scaffolding supplies) from a third party, at an increased amount. BES advertised the items for a cost of $28,500, an offer was made by BC to purchase the goods over a series of monthly payments. BES rejected this offer but made a counter offer of the original full amount, thus becoming the offeror in this situation. Upon comparing the price against equivalent equipment, BC decided to accept the offer, sending a letter of acceptance on May 6th. The letter was received by BES May 8th. However, as of May 7th the goods had already been sold to a third part y. Generally, the offeror can revoke any offer it has made, as until an offer is accepted there is no binding contract. Therefore, the question in this case is when the offer was accepted (Szantyr, 2011). The postal rule allows us to determine when the offer was accepted. The postal rule states that if acceptance is made by post, than any offer is accepted as soon as the letter is posted, even if delivery of the letter is delayed or the letter never reaches the offeror (permitting properly addressed, stamped and posted) (Adams v Lindsell, 1818, p. 250). Therefore, BESà ¢Ã¢â€š ¬Ã¢â€ž ¢s offer (counteroffer) was accepted May 7th, before they sold the equipment to the third party. Consequently, Better constructions should be able to legally obtain compensation for losses from the contract breach by Big Equipment Supplies (as a result of BC having to purchase the same equipment from a third party). Woodwards v Better Constructions Woodwards (WW) are in the process of decidi ng whether or not to undertake legal action against Better Constructions (BC) for failing to pay an extra payment that they had promised, in addition to the original contract amount. BC contracted WW to install timber framing, at a fee of $30,000 and to be completed by December 1st. However, after deliberation about the impacts and penalties of late delivery of the construction project BC promised a further $5000 if the project was completed by December 1st. This dispute deals with aspects of contract law, specifically, Consideration in existing contractual duties (commercial benefit) (Australiancontractlaw.com, 2014). In this case consideration was originally given by BC to WW to complete the timber framing by a set date at a rate of $30,000. BC will argue that the further consideration (of $5000) falls under the previous contractual arrangements and scope, and therefore they are not liable to fulfil the new consideration. However, it could be proven that BC received an addit ional à ¢Ã¢â€š ¬Ã‹Å"practical benefità ¢Ã¢â€š ¬Ã¢â€ž ¢ from the on time completion of the work, namely (Szantyr, 2011): The continuation of work without stoppage; The avoidance of a penalty from the building owner for late completion of the building project; and The avoidance of the trouble and expense of having to engage another sub-contractor. Therefore, although falling under an existing contractual duty, BC received a à ¢Ã¢â€š ¬Ã‹Å"practical benefità ¢Ã¢â€š ¬Ã¢â€ž ¢ when WW completed the works on time, thus providing good consideration (Williams v Roffey Bros. Nicholls (Contractors) Ltd., 1990, p. 512). WW should peruse BC to claim the promised payment. Bibliography Australiancontractlaw.com. 2014. Australian Contract Law | Julie Clarke. [online] Available at: https://www.australiancontractlaw.com/ [Accessed: 4 Apr 2014]. Gooley, J., Radan, P. and Vickovich, I. 2007. Principles of Australian contract law. Chatswood, NSW: LexisNexis Butterworths. Groves, M. 2005. Law and government in Australia. Sydney: Federation Press. Innovation.gov.au. 2014. What is valid consideration? [online] Available at: https://www.innovation.gov.au/smallbusiness/LegalHelp/LegalTopics/BusinessRelationships/Pages/WhatIsValidConsideration.aspx [Accessed: 4 Apr 2014]. NSW Department of Finance Services. 2010. Tendering Manua l. Sydney: NSW Department of Finance Services. Poole, J. 2004. Textbook on contract law. Oxford: Oxford University Press. Szantyr, M. 2011. Lecture Notes Procurement and Contract Management. Adelaide: University of South Australia. Legal References Adams v Lindsell. 1818. 160 ER 250. Hughes Aircraft v Airservices Australia. 1997. 1 ALR 146 Waltons Stores (Interstate) Ltd v Maher. 1988. 164 CLR 387. Williams v Roffey Bros. Nicholls (Contractors) Ltd. 1990. 1 All ER 512. J. Creech Procurement and Contract Management 2014

Attending Wallace State Community College - 845 Words

Attending Wallace State Community College was really a no brainer for a myriad of reasons. It has been sixteen years since I attended high school. Since then, I have used practically none of the math that I learned in my high school years. Now, I have to relearn that math in order to put me on the path of obtaining my Bachelor’s degree in History and following that up with law school at either the Cumberland School of Law at Samford or the Birmingham School of Law. The math program at Wallace is said to be easier as it includes less math that would only be used if I was trying to put a man on the moon. Add the convenience of riding to school with my beautiful wife because she already attends Wallace; coupled with having a smaller sized school and cheaper tuition just puts icing on the cake and beer in my mug. The path that led me to Wallace is chocked full of experiences and events leading me here. Some are good, some bad, some even comical. The main reason for me choosing Wal lace is life in general; from joining the Marine Corps and having to put off school to fight jihadis, to getting married and having kids; thereby putting school off even longer, it has put a large gap in my transition from high school to college. It has also allowed me to have a realistic view of the world which leads me to why I chose Wallace State. Those reasons are because of the math program, school convenience, as well as the student body and campus. My wife Renae took her math classes atShow MoreRelatedEndless Possibilities in Education1845 Words   |  7 Pagesconcurrent enrollment classes it does help them with the cost of a college education. Or at least, this is how it seems in America. Most American high school students want to go to college and even dream about it. With our current economy students cannot afford to attend the college of their dreams. Parents either are forced to help their children or the child must take out a student loan. 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Why Are We Still Focused On Prochoice And Gay Rights

In the nineteenth and early twentieth centuries, the modern 2-sex model of exclusive heterosexuality had come to define conditions of â€Å"normality† and â€Å"abnormality† in both sexual desire and gender expression. In today’s society we are still focusing on what is normal or what is abnormal. In early times being deemed abnormal was a fatal punishable crime. Luckily today citizens such as homosexuals and women who abort babies are not getting punish such as death or jail time for making a personal lifestyle â€Å"choice†. Why are we still focusing on prochoice and gay rights? In this essay I will focus on prochoice today verse the nineteenth century and sexual orientation freedom past and present? In my arguments, I will answer ways†¦show more content†¦It is not science. You can’t put a person that desires the same sex on a table as enter his brain and try to search for answers. Ever though this has happen on individual, but what they have found out is that they were no more different from anybody else. In early time there was a thing call the private life. There were two forms of private life, first form was religious and the other form was a time when reading and writing was popular. In this time leaders such as the clergy, scholars, court official and other high official would write letters and other important documents, they would go to a particular place in their homes and they would write to their close person in their lives. I remember a scene from the new TV sitcom called The New Normal where two gay men are hiring a surrogate to have a baby for them. In one episode the two men shared a kiss in a baby depot; a male customer saw them as demanded them to stop. He forcibly told them that what they were doing should been done in the privacy of their homes. My opinion to this is that anything sexual including long kissing (rather done by heterosexual or homosexual) should be done in privacy. In the early stage of sex and gender making, scientist and psychotherapist tried to find ways to give a logical answer when defining gender. The dictionary describes logic as the study of the principal of reasoning or valid reasoning.

Managing Mental Health

Question: Write an essay on Mental Health ? Answer: Since the beginning of civilization, among the various significant factor, which can greatly influence the essential activity of human being as well as regulate the quality of the life, health is most important. As per the given instruction this assessment will be focusing on the various perspectives of the managing mental health in the adults and discrimination specially who are suffering from altered mental health condition and various mental disorder. In a the virological effectiveness of 4 commonly used HH protocols with use of a standardized human study protocol, and we compared the results of these protocols with any natural change in influenza viability on HCW hands when left undisturbed by HH activities. Researchers used a live (infectious) influenza A virus strain (A/New Caledonia/20/99 [H1N1]) that was a component of the influenza vaccine administered to Australian HCWs during 20052006. This H1N1 strain was considered to be a suitable surrogate for H5N1 avian influenza, bec ause their envelopes have similar physicochemical properties, but it was less likely to be associated with a significant risk of severe illness, given the ability to prevaccinate participants [4, 6]. H1N1 was originally isolated and repassaged in embryonated chicken eggs before allantoic fluid was collected, pooled, and aliquoted into 1-mL samples that contained 1.8_107 tissue culture infectious dose (TCID)50/0.1 mL live H1N1 (PCR cycle threshold [Ct] value: 17.3;World Health Organization Collaborating Centre for Influenza, Melbourne), which was stored at _70_C until used. In order to establish a systematic view on this context, it is very important to understand the various significant purposes of the research design as well as its multipurpose way of planning, before the detailed evolution of various type of research design related to implementation of relevant technologies in the health care system or specific type of therapy design in the case of aged care system. In order to ch oose a specific therapy design, clarification of the about the proper concept of the research design is very much essential. Then the various aspects and the specific field of the research should be taken into the consideration and also need to know in what format the research format fits forms the development of a relevant research topic or question to moderate stage of the research process like the collecting of the data, evaluation of the collected data in order to synthesizing the evidence based practices as well as reporting the data (Bao, 2012). In order to systematically evaluate the various aspects of the research design as well as its various classification, philosophical as well as theoretical assumption, always play a significant role. Before the detailed interpretation of the philosophical assumption in the context of the qualitative research and heath care system allied wearable technologies, it is essentially suggested by various researchers after the numerous clinical study, that there is no such confirm or predetermined way or systematic process for the successful development of the qualitative research (Baratta, 2010). In spite of some conventional way of processing or developing, the systematic structure or progressing of the qualitative research, depending upon some significant factors like epistemological factor or ontological factor or research goal oriented factor. In the perspective of the Research design, qualitative research may be explained as the naturalistic as well as interpretative approach, which should be carried out with the responsibility of exploring various potential phenomena from the internal context. It also includes the perspective of the research oriented subjects and relevant information (Dez, 2015). Here in the following diagram, a engagement percentage of people to the wearable technologies, in the perspective of heath care system, is represented: Various characteristics of the qualitative research are to be specifically analyzed, in the perspective of the research design and in order to properly develop a research process. Aims as well as objective of the research design, is the main fundamental factor which has to be in death qualitative value as well as comprehensive understanding of the overall process. Comprehensive understandings of the various significant approaches, which are related to the research design, are playing the fundamental part in the perspective of the philosophical as well as theoretical assumption. The significant characteristics of the research design are the, information providing the depth interpretation of the main theoretical assumption (Dr Fisher's casebook. 2010). This interpretation helps to comprehensive analyzing the essential issues of the social world related to the research participants. Another characteristic is the various adaptable as well as non-standardized processes relating to the gen eration of the data, which should be sensible enough in the perspective of the social aspect of the participants. Analysis of the detailed as well as comprehensive information which may be complicated, as it collected, taking into the consideration all the possible, relevant aspect of the research and subjects. Clarification of the emergent category as well as the theoretical assumption, which later develop the opportunities of the concise opportunities as well as the interpretation of the collected relevant data, is very much essential for the proper structure of the research design. Various relevant resultants of a specific research, which may consists of detailed as well as scientific description of the relevant phenomena, are need to be further evaluation, which may came under the research area of the relevant research topic or research question (Fields, 2010). Some writers suggested that various philosophical assumptions as well as theoretical assumption are supported the vario us methodological approaches in order to maintain the gradual consistency in identifying and developing a systematic philosophical point of view as well as correlate the adapted research design with the philosophical aspect. This consistency of developing the philosophical approaches is proved to be very significant in the proper progress of the research design because it helps to produce comparatively more valid as well as valid findings. Various philosophical approaches also have a broader prospectus, as it offer various new ranges of phenomena as well as develop a more strong evidence based research study. Reference: Bao, X., Li, Y. (2012).Reserch for wearable technologies of Fully Grouted Bolt.AMR, 446-449, 1408-1411. doi:10.4028/scientific5/amr.446-449.1408 Baratta, A., Corbi, O. (2010). An Approach to Masonry Structural Analysis by the No-Tension AssumptionPart I: Material Modeling, Theoretical Setup, and Closed Form Solutions. Applied Mechanics Reviews, 63(4), 040802. doi:10.1115/1.4002790 Dez, J. (2015). Counterfactuals, the Discrimination Problem and the Limit Assumption.International Journal Of Philosophical Studies, 23(1), 85-110. doi:10.1080/09672559.2014.952761 Ding, H., Wang, X., Liang, Z., Jia, Q. (2012).Reserch of Dislocation Theory in Micro Cutting.AMR, 482-484, 2033-2036. doi:10.4028/www.scientific.net/amr.482-484.2033 Dong, Z., Wan, X., Li, S., Liu, S. (2011). Reserch on Cutting Depth Effect in Cutting Process.AMM, 128-129, 251-254. doi:10.4028/www.scientific.net/amm.128-129.251 Dr Fisher's casebook.(2010). Significance, 7(2), 71-71. doi:10.1111/j.1740-9713.2010.00422.x Fields, C. (2010). Quantum Darwinism Requires an Extra-Theoretical Assumption of Encoding Redundancy. International Journal Of Theoretical Physics, 49(10), 2523-2527. doi:10.1007/s10773-010-0443-x